De Montijo v. 20th Century Fox Film Corp.

This is an action for copyright infringement commenced by filing a complaint in the Superior Court, County of Los Angeles, State of California, and the action was thereafter removed to this court. On March 31, 1941, a third amended complaint was filed.

Plaintiff alleges that on or prior to February 16, 1939, he invented, originated, composed and wrote certain original literary composition and moving picture scenario and dramatic composition entitled “The Rebel or the Birth of a Revolution” as a stage play, and also rewrote said play in scenario form for motion picture production under the title, “Viva Madero”; that he is the owner of the copyrights to the same; and alleging delivery of said copyrighted material to the defendants and, in addition thereto, plaintiff prepared a synopsis of the material contained in the literary composition and moving picture scenario and delivered same to the defendants.

Plaintiff further alleges that the defendants copied and appropriated his literary composition and moving picture scenario without his consent, and exhibited same in sound and talking picture photo-plays designated as “The Cisco Kid and the Lady” and “Viva Cisco Kid” and “En…